New Delhi:
The proposed constitutional amendment seeks to ensure that holders of high public office do not continue to discharge executive responsibilities while in prolonged judicial custody in cases carrying a punishment of five years or more. Under the proposed framework, the automatic removal provision would come into effect if the individual remains in custody for 30 consecutive days.
The Bill was introduced in the Lok Sabha by Union Home Minister Amit Shah on 20 August 2025 and was referred to a Joint Parliamentary Committee (JPC) the same day following a brief debate and objections from Opposition parties. Over the past nearly 11 months, the committee has held consultations with constitutional experts, legal scholars, state governments and other stakeholders. According to sources, the JPC is expected to table its report at the beginning of the Monsoon Session, after which the government is likely to move the Bill for consideration and passage.
As a constitutional amendment, the legislation will require a special majority in both Houses of Parliament, comprising a majority of the total membership of each House and the support of not less than two-thirds of the members present and voting.
If Parliament approves the Bill, it would mark one of the most significant constitutional reforms undertaken by the Narendra Modi government during its third term. Government sources said its passage would also be viewed as a major political and legislative victory for Prime Minister Narendra Modi and the National Democratic Alliance, reinforcing the ruling coalition’s long-standing plank of promoting probity in public life and adopting a zero-tolerance approach towards corruption and criminality in public office.
While the National Democratic Alliance enjoys a majority in the Lok Sabha, the government is expected to require support from parties outside the alliance to comfortably secure the numbers needed for a constitutional amendment. In the Rajya Sabha, the ruling alliance has strengthened its position following recent elections, but is also expected to rely on support from friendly regional parties to secure the special majority.
The proposed legislation is expected to face stiff resistance from Opposition parties, which argue that the amendment could be used to remove elected governments through prolonged judicial custody even before a court delivers a conviction. They are expected to contend that the provision could be misused through politically motivated investigations and arrests, thereby undermining the federal structure and the democratic mandate.
The Opposition’s apprehensions are linked to the current political landscape. At present, eight states and the Union Territory of Jammu and Kashmir are governed by non-NDA Chief Ministers, namely Himachal Pradesh, Karnataka, Kerala, Telangana, Tamil Nadu, Punjab, Jharkhand and Jammu and Kashmir. Opposition leaders are expected to argue that these governments could become particularly vulnerable if the proposed constitutional mechanism is enacted.
Government sources, however, maintain that the proposed amendment is intended solely to strengthen accountability and ensure that individuals occupying the country’s highest executive offices do not continue in office while remaining in prolonged judicial custody in serious criminal cases. They argue that the legislation is aimed at enhancing public confidence in governance and raising the standards of integrity expected from holders of constitutional office.
The Bill is expected to be among the most politically consequential pieces of legislation to be taken up during the Monsoon Session, with the debate likely to centre on accountability, constitutional safeguards, federalism and the balance between the presumption of innocence and the need to uphold the integrity of public office.